Costa Mesa closer to process for city charter

April 24, 2013

Updated Aug. 21, 2013 1:17 p.m.

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Costa Mesa Mayor Jim Righeimer weighs in on the pros and cons of Measure V in October. That proposed city charter was defeated in November's election. The City Council on Tuesday will consider a new effort to create a charter. FILE PHOTO: ROSE PALMISANO, ORANGE COUNTY REGISTER

Costa Mesa Mayor Jim Righeimer weighs in on the pros and cons of Measure V in October. That proposed city charter was defeated in November's election. The City Council on Tuesday will consider a new effort to create a charter. FILE PHOTO: ROSE PALMISANO, ORANGE COUNTY REGISTER

COSTA MESA – Here we go again.

That was the general mood Tuesday at City Hall as political opponents rehashed their arguments for and against a city charter, essentially a local constitution.

Charters give cities more control over certain matters like public-works contracting and outsourcing. The City Council majority drafted a charter and tried to pass it in the November election, but community activists protested and organized labor spent heavily to block the document's anti-union measures. Measure V was defeated by 60 percent of the vote.

One of the main criticisms of Measure V was that the City Council wrote it without enough public input. Mayor Jim Righeimer, its lead proponent, invited activists Tuesday to help create a charter.

Costa Mesa needs to "make sure we not only write it correctly, but that the community perceives it to be the right way," Righeimer said at a study session. "We need this charter."

Much of the session focused on how to draft the document and not the more fundamental issue of why the city should depart from the other so-called general-law cities, which operate under state guidelines. About a quarter of California cities are charter cities, including neighboring Newport Beach, Huntington Beach and a few others in Orange County.

Some council members and residents said they want more local control over city affairs and that a charter could help save on public employment costs.

"If we don't take control of our city," Councilman Steve Mensinger said, "and we continue to abdicate our responsibilities to Sacramento, we know what we're going to get."

But many attendees who spoke were skeptical.

"What will Costa Mesa be able to do better with a charter than without a charter?" former councilman Jay Humphrey asked.

The City Council discussed three options for drafting the document, which would ultimately need to be approved by a majority of voters. The council, a committee of citizens appointed by the council or an elected citizens commission could draft a charter.

The council majority supported an appointed committee of fewer than 15 people. Most California cities that recently created charters used the committee process, said Kimberly Barlow, a contract city attorney. She estimated it would cost about $100,000 to place the charter on the June primary ballot, using a committee. A commission would require two elections, although the second might not cost as much as the first.

Minority Councilwomen Sandy Genis and Wendy Leece supported an elected commission. They and some residents were concerned that the council majority could alter a committee's draft before it goes to the ballot

"The drafting process has to be as fair as possible," Genis said. "I don't have a lot of confidence that an appointed committee would not be stacked."

Contending Measure V was a scheme designed by Righeimer and the council majority, statewide and local labor unions poured in about $500,000 to defeat the measure. It would have required voter approval for increases in employee retirement or post-retirement benefits, prohibited employee payroll deductions for political contributions and exempted city-funded public works projects from the requirement to pay prevailing wage, which is usually close to a union-level wage.

Generally, a charter allows a city to control all of its "municipal affairs." The city would be able to tax residents and businesses in many cases, while a "general law" city is much more limited in its taxation. But charter cities still have to follow some state laws like traffic regulations and conflict-of-interest rules.

The council majority asked administrators to report back May 7 with some options on how to select committee members.

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